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Harris, Family Law Expert

Category: Family Law

Satisfied Customers: 1774

Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters

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I have a question regarding finances on a consent order. My

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I have a question regarding finances on a consent order. My wife and I are divorcing and we are close to agreeing a financial settlement in mediation. I have a concern about my future inheritance, which is not included in the open financial statement, as i dont know how much it will be. My father died a year ago and the estate is not been finalised yet as it is complex, but there will likely be a payment some time a year or so (after the consent order and divorce has been finalised). I am concerned that there may be future claims against this. What is your opinion?

Hi, thanks for your question.As the inheritance is not expected in the next 12 months you do not necessarily need to disclose this. However, in the interest of being full and frank, and since probate has started it may be best to do so.Inheritance is not an automatic marital asset and therefore should not be taken into consideration at the outset. It is only looked at if the children and needs of the parties cannot be met from the marital assets.Please let me know of you have further questions about this

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